Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-04-20
IN PRISON.
Deputy Collector Murphy Net Furu-
ishing Evidence,
Is Committed to Jail for Oontemnt 80
Court.
o""ector Redman Takes III. xv,.
stand and Testines.

IN spectators interested in the
now celebrated case of State VI, Renho. n
HAIL. IN which Deputy Collector Tbon.. =
murphy refused to testify as to tho n.ru..
OF special liquor tax. The i,te-s.,
very marked and the closest attention w..
gwen 10 every move Of the court. Io.;d.
'he oar a large number of LAWYER. 49,
gathered and Collector John B. Raam.n =.
Ellsworth. Deputy Collector Murphy their
'ou"sei' District Attorney Bird of Portland
ana deputy Collector Cromwell of po,,,.ns
were in attendance
At 10 81 A. NJ the case csma nm
oeing continued from last week wban :, a,'
DELAYED by the refusal of Mr. Mnrnh, 80 -
testify. VIZ 'iurphy to
owing to the illness of one of the ;u-ors
new jury was impanneled.
CITY Marshal Edgar Norton of c,ra;,o
was examined after which Judge Redman ws =
called and took the stand. 90
County Astornev-You were served with q
subpoena 10 appear in this court End nroduco
eelta,h records; have You them With YOU
Judge Redman-No
Have you certified copies
No.
Why?
II would interfere greatly with the business
VI my department if its officers were conti,u.
any called to testify in these cases. There
are ~ ntst prtus terms of court in the Sta,e
and at least 32 grand juries To attend to the
calls OF all tbes- would occupy our entir. vt.
tentlon. There is only one record kent in
my ofhce and that is never to be removed
Tor evidence in court. As soon a. learned
tlat Mr.. MURPHY was summoned forward
ell the following despatch to Commission.
er Miller.
uo,, To-, ELLSWORTH, April IL, 1857.
Washington, ID G.: e'
Ihoma. F. Murphy, Deputy Collector OF Internal
h,'ehu' IN this district has been served with sub
Pee IA, duces tecum, from the >unerior Conrt nj
kennebec County. calling for dulv certified COW a.
rec rd' OF he records of the Office or such as are in
ms possession, show ng payment Of a U. s. specia
cu'ed under the State law | await inst uctions from
tn" depar ment as to producing certified copy of
rec rd5, etc. -
JOHN B. REDMAN Collector
Inc following wa> received IN reply:
WASHINGTON. D. C., April Ia.
COLLECTOR REDMAN, rlI,w nth, Me-:
App ar In court and deny the authority to compel
production o your records or Of copies of them. II
necessary to i've question of such authority re
move d to the United States Circuit Court as pro.
vided In sec 6i', H., vsed statutes, u :. Attorney
mas been Instructed to appear for You. Confer with
MN. JHs. 5. MILLER, Commissioner.
| forwarded the following telegram to Mr..
Murphy:
THOMAS L. MURPHY. Deputy Collector. Augusta:
II served with a subpoena from Superior Court,
appear I'D deny its authority to compel the prod &c
l"n OF ON 20 r, cord copies of them. 81 ate to
Judge " lIitehou,e that III record REQUIRED by sec
ton 3,24o K. s., il kept the cectors Office and
mat you nave not pJw,r to produce copies.
JOHN b. REDMAN, Collector.
Under these ms lructons Mr. Murphy
refused t. answer and | am here TODAY t.
refuse to pr durr TIE r,cJrds or certified
copies | am ready t. answer any question
of fact.
understand that a record ia kept in your
Office Mr.. Redmsn; is it rule OF the depart.
ment that a record shall be kept in the office
of he Deputy Collector?
Mr.. Heah-I object.
Court-You may answer that.
Winess-There are none that | regard as
official.
County Attorney-What are the duties of
the Deputy Collector
He is required to keep his eyes open and
see that there are no violations of the law
to visit once moEth all the cigar factories
in his district There are about 60 factories
in Maine aud the most of them are in Mr..
Murphy's district. The deputy has nothing
to do with the stamp. 1t is mailed to the
deputy or the applicant. The deputy keeps
a copy of Record 10 don't think the deputy
in this district keeps a record of all the names
of those who possess special tax stamp.
You are required to keep a record OF
stamps. Is not the deputy also required to
keep a similar book?
No.
What book is the deputy required to keep
/ cannot tell. / keep an alphabetical list
of the names of those who have paid special
tax. The reason why l refuse to bring
certifi ID copies is principally because my
superior instruc;s it Mr.. Murphy is acting
under nv instructions as far as the record
and certified copy are concerned.
Has your attention been called to pay
ment of a tax by Hall?
No. NV sttention was called yesterday to
a number of rumselers when the summons
was rived on me.
Does the stamp usually give description
of the place where liquors are to be retailed I
Yes. The description is copied from the
application.
Are the letters '.R L. D." in your record
used to designate a retail liquor dealer!
Yes.
DO"''
in his office memoranda of the persons pay
ing the special United States tax of retail
LIQUOR dealers. The following questions
were then asked by the county attorney:
Will you produce certified copy of the
records that you have in your office relating
TO the payment of the special tax as liquor
dealer for the year commencing May 1886,
of Reuben c.. Hall of G Irdiner, if any such
you have?
| am instructed by John B. Redman, Col.
lector of Internal Revenue for the District OF
Maine, and my superior eff GER, TO deny the
authority of this court to produce Office rec
ord. or copies of them.
Will YOU produce the record itself'
No | decline for the same reason my
instructions.
Will YOU consult your records and refresh
Won recollection and state whether you nave
received as deputy collector during the spec
ial tax wear commencing May LIST, 1856, me
ann of S25 of Reuben c. Hall of Gardiner!
do not think my instructions warrant me
to do that. ,,,
MIR. Health understand that if he should
examine his records he would not De ailoweo
TO testify as to their contents by parole.
The Court-The witness Is furnlsneu WIN
a list in his subpoena of the parties with REL
ererce to whom testimony is desired. IL
would take him five minutes to examine MS
records and check OF on piece OF paper
those who had paid the tax and come IN mere
and testify, refreshing his memory Dy 'na'
memorandum, and ii there is any law Ia THIS
country to excuse him from doing that l oe-